ভূমিকা

Shiavault - a Vault of Shia Islamic Books Manasek Hajj Making a Will Regarding Pilgrimage Rule 73: If a person on a deathbed has an obligation to perform a pilgrimage and has adequate means, he must make sure that it will be performed after his death, even by directing in his will and in the presence of witnesses. However, if he has no adequate means but thinks somebody will donate for his pilgrimage he must direct that in his will.

If he dies, one must be performed from his gross estate as must also be done if he has made a general direction about it without qualifying that its expenses be defrayed from his bequeath able one-third. However, if he directs that the pilgrimage be performed from his one-third and the expenses can be met from the one-third of the estate, then the expenses must be paid for from that portion and must take precedence over all other directions in the will.

If the bequeath able one-third of the estate is insufficient to meet the expenses of the pilgrimage, the balance must be defrayed from the entire estate.

Rule 74: It has been said that if a person dies without having performed the obligatory pilgrimage but leaves a deposit with a person who fears that if he paid the deposit to the heirs, they will not have the obligatory pilgrimage performed on behalf of the deceased, it is obligatory on that person to perform the pilgrimage himself on behalf of the deceased and pay the heirs only the balance, if any, left after meeting the expenses of the pilgrimage. However, all this is arguable.

Rule 75: If a deceased dies without having performed the obligatory pilgrimage and leaves debts and liability of khums and zakaah and his estate is not sufficient to discharge all these obligations, then if the property on which the khums and zakaah became payable is available, the khums and zakaah must first be paid from it. If there is khums and zakaah still payable, then the pilgrimage will take precedence over their settlement but the settlement of debts takes precedence over the pilgrimage.

Rule 76: If a deceased dies without having performed the obligatory pilgrimage, it is not permissible for the heirs to spend for the estate without first meeting the expenses of the pilgrimage, whether the estate is sufficient to meet the expenses or not. However, there is no objection relating to transactions made after provision has been made for the expenses of the pilgrimage.